Man Killed in Manteca Motorcycle Accident
A man was killed, and a female passenger was injured in a recent Manteca motorcycle accident. The crash occurred around 9:30 p.m. at West Atherton Drive and Langum Way, just west of Airport Way. Officers responding to the scene found a motorcycle with two riders down and a sheared-off fire hydrant. The man operating the bike suffered unspecified critical injuries, and the female passenger sustained moderate injuries. They were both transported to the hospital for treatment. Sadly, the man succumbed to his injuries during hospitalization. The San Joaquin County Coroner’s Office has identified the decedent as 39-year-old Silfredo D. Lopez of San Leandro.
Wrongful Death in a Manteca Motorcycle Accident
Losing someone you love in a motorcycle accident is heartwrenching. However, the loss may be even more trying if it could have been prevented. In times like these, you are not alone. If you believe someone else’s carelessness caused your loved one’s death, a Manteca wrongful death attorney can help you and your family hold that person liable. An attorney will handle all of the legal complexities involved in your case on a contingency basis. This means you can focus on grieving with your family without legal or financial worry.
What Do You Need to Prove Wrongful Death in a Manteca Motorcycle Accident?
Four elements of negligence must be established to recover compensation in a wrongful death case. These include:
- The negligent party owed a duty of care to the deceased
- The responsible person breached his or her duty of care
- The breach of that duty was the direct cause of the death
- The family suffered damages due to the breach of duty of care
Does Insurance Cover Wrongful Death?
After a wrongful death motorcycle accident, a family will need to file a third-party claim with the other driver’s insurance company. If the other driver has little to no insurance, the family may seek recourse through their loved one’s auto insurance policy if they have uninsured/underinsured motorist coverage. Moreover, damages in a wrongful death claim consist of two types, economic and noneconomic. Economic damages refer to the financial hardships a family has suffered due to a loved one’s wrongful death. Noneconomic damages take into consideration the intangible harms surviving family members have experienced. This includes:
- Costs of end of life medical treatment incurred by the decedent
- Funeral and burial expenses
- Loss of love, comfort, society, and companionship
- Lost value of future financial support, inheritance, household services, and benefits such as health insurance and pension
- Mental anguish and emotional pain suffered by surviving family members
Understanding the wrongful death claims process may be challenging. This is especially true when coming to terms with a loved one’s unexpected passing. For a breakdown on these types of cases, watch the below video.
Who Has the Right to Bring a Wrongful Death Claim in California?
In California, only the decedent’s spouse, domestic partner, or children may file and benefit from a wrongful death case. This is by California Code of Civil Procedure Section 377.60. If these parties are nonexistent, then others may be eligible to file a wrongful death action. These include financial dependents such as parents, stepchildren, and putative spouses.
Is There a Time Limit to Bring a Wrongful Death Case?
A wrongful death claim must be filed within two years from the time of a loved one’s death. If a claim is not filed within the statute of limitations, you may lose the right to recover the compensation you and your family need and deserve. To determine how long you have to bring a case, reach out to an experienced wrongful death lawyer in Manteca.
Wrongful Death Attorneys in Manteca
I’m Ed Smith, a Manteca wrongful death attorney. The loss of a loved one is often the most challenging experience that a person will go through in their lifetime. However, it may be compounded by anger and frustration if it resulted from someone else’s negligence. If you have lost someone you love in a motorcycle accident due to the carelessness of another, please call me at (209) 227-1931 in the Manteca area or toll-free at (800) 404-5400 to receive my compassionate, free and friendly advice.
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I am honored to belong to several legal organizations, including the Million Dollar Advocates and the National Association of Distinguished Counsel. The first forum includes only those attorneys who have won over $1 million for a client. The other organization is comprised of attorneys who provide their clients with the highest level of legal excellence.
See a selection of cases our law firm has previously handled and their results at our Verdicts and Settlements page.
Image Source: By “StockSnap” via Pixabay
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